the State duty to protect against human rights
abuses by third parties, including business.
the corporate responsibility to respect human
rights, meaning essentially not to infringe on
the rights of others.
greater access by victims to effective
remedy, judicial and non-judicial.
Indigenous Peoples are those who are having
a historical continuity with pre-invasion and
pre-colonial societies that developed on their
territories; consider themselves distinct from
other sectors of societies now prevailing in
those territories, or parts of them.
The operations of certain types of companies in
specific sectors -mining, oil and
gas, infrastructure development, agro-
commodities production, tourism, logging and
pharmaceuticals, can sometimes impact the way
of life of indigenous peoples.
In the UNDRIP, articles 25-30 -dedicated to protection of rights
to “lands, territories, and resources which they have
traditionally owned, occupied or otherwise used or acquired”
(UNDRIP 2007, Article 26).
The surviving lands of indigenous peoples -most vulnerable
and threatened ecosystems on our planet as their territories are
richly endowed with minerals, oil and gas and this become a
curse because this has attracted and continues to attract
extractive industries corporations to their territories.
On top of the history of wrongs are the continuing lack of
effective State laws, regulations and administrative practices to
recognize and protect indigenous peoples‟ rights, and the lack of
manifested corporate responsibility to respect those rights.
In 2012, 16 people including 7 women were reported
to be killed and 23 were either arrested or detained
throughout the year whereas around 150 were
tortured or intimidated, and around 300 indigenous
houses were demolished. At least 725 families have
faced threat to eviction in connection to land
UNDRIP protects rights to self-determination, access
to traditional lands and resources, and processes of
Free, Prior, and Informed Consent (Article 32).
The need to embark on a FPIC exercise is attached to
the safeguard policies of :
multilateral development banks and international
practices of extractive industries;
water and energy development; natural resources
access to genetic resources and associated traditional
knowledge and benefit-sharing arrangements;
scientific and medical research; and indigenous
CSR -corporate parallel to international regulatory
and monitoring system developed within private
sector to develop worldwide standards resembling
what in the public sector is known as „International
Deficient Regulatory Frameworks -indigenous
peoples‟ rights remain inadequately protected, and
entirely unprotected, in the face of extractive
Significant Legislative and Administrative Reforms
are needed in all countries in which indigenous
Companies should undertake a scoping process to
determine the extent to which their activities might
affect indigenous communities.
The business should be cognizant to instruments
such as UN Declaration on the Rights of Indigenous
Peoples (DRIP) and the ILO Convention 169 on
Tribal and Indigenous Peoples .
“Companies should operate under the presumption that
there are rights holders over the land into which they
wish to enter and that prior engagement is required